As technology nodes shrink, in some IC designs, there has been a desire to replace the typically polysilicon gate electrode with a metal gate electrode to improve device performance with the decreased feature sizes. Providing metal gate structures (e.g., including a metal gate electrode rather than polysilicon) offers one solution. One process of forming a metal gate stack is termed “gate last” process in which the final gate stack is fabricated “last” which allows for reduced number of subsequent processes, including high temperature processing, that must be performed after formation of the gate. Additionally, as the dimensions of transistors decrease, the thickness of the gate oxide must be reduced to maintain performance with the decreased gate length. In order to reduce gate leakage, high dielectric constant (high-k) gate insulator layers are also used which allow greater physical thicknesses while maintaining the same effective thickness as would be provided by a typical gate oxide used in larger technology nodes. There are challenges to implementing such features and processes in CMOS fabrication however. For example, in a “gate last” fabrication process, problems have arisen with control of the gate height due to factors such as a loading effect of nMOS and pMOS devices and non-uniformity of a chemical mechanical polishing (CMP) process.